Common use of Recovery of Possession Clause in Contracts

Recovery of Possession. (1) The following clauses set out the ways in which the Landlord may recover possession of the Property. (If either party is unsure of their rights or requires further clarification they should consult a solicitor or their local Citizens Advice Bureau.) (2) If the Property remains the Tenant’s only or principal home: (a) This Tenancy may be brought to an end before the expiry of the term and the Landlord is entitled to seek possession if grounds 2, 8, 10, 11, 12, 13, 14, 14A, 15 or 17 under Schedule 2 of the Housing ▇▇▇ ▇▇▇▇ are made out. (See ▇▇▇.▇▇▇▇.▇▇▇.▇▇ for the text of the Housing Act 1988.) (b) To bring the Tenancy to an end before the expiry of the term the Landlord must first serve on the Tenant a notice seeking possession under Section 8 of the Housing ▇▇▇ ▇▇▇▇. (Where the Landlord relies on any ground other than grounds 2 to 8, the court will only order possession against the Tenant where it is reasonable to do so.) (c) After six months or on the day the Tenancy expires (whichever is later) or at any time after that, the Landlord is entitled to possession as of right. (The Landlord must give two months’ notice under Section 21 of the Housing Act 1988) (3) If the Tenant does not live in the Property as his only or principal home, or for any other reason this Agreement is not an assured shorthold, then if at any time: (a) any money payable under this Agreement remains unpaid for 14 days after becoming payable (whether formally demanded or not); or (b) if the Tenant is in breach of any of the terms of this Agreement, then the Landlord may re-enter the Property (or part of it) and upon re-entry the term of the Tenancy shall come to an end. (If any person is living in the Property, then the Landlord can only ‘re-enter’ by starting court proceedings and obtaining a court order. The court may permit the Tenant to keep this Agreement if the Tenant puts right any breach of it.)

Recovery of Possession. (1) The following clauses set out the ways in which the Landlord may recover possession of the Property. (If either party is unsure of their rights or requires further clarification they should consult a solicitor or their local Citizens Advice Bureau.) (2) If the Property remains the Tenant’s Tenant‟s only or principal home: (a) This Tenancy may be brought to an end before the expiry of the term and the Landlord is entitled to seek possession if grounds 2, 8, 10, 11, 12, 13, 14, 14A, 15 or 17 under Schedule 2 of the Housing ▇▇▇ ▇▇▇▇ are made out. (See ▇▇▇.▇▇▇▇.▇▇▇.▇▇ for the text of the Housing Act 1988.) (b) To bring the Tenancy to an end before the expiry of the term the Landlord must first serve on the Tenant a notice seeking possession under Section 8 of the Housing ▇▇▇ ▇▇▇▇. (As long as someone is living in the Property, the Landlord must obtain a court order before he can take possession of the Property. Where the Landlord relies on any ground other than grounds 2 to 8, the court will only order possession against the Tenant where it is reasonable to do so.) (c) After six months or on the day the Tenancy expires (whichever is later) or at any time after that, the Landlord is entitled to possession as of right. (The Landlord must give two months’ months‟ notice under Section 21 of the Housing Act 1988▇▇▇ ▇▇▇▇ and if someone is living in the Property, the Landlord must obtain a court order before he can take possession of the Property.) (3) If the Tenant does not live in the Property as his only or principal home, or for any other reason this Agreement is not an assured shorthold, then if at any time: (a) any money payable under this Agreement remains unpaid for 14 days after becoming payable (whether formally demanded or not); or (b) if the Tenant is in breach of any of the terms of this Agreement, then the Landlord may re-enter the Property (or part of it) and upon re-entry the term of the Tenancy shall come to an end. (If any person is living in the Property, then the Landlord can only ‘re-enter’ by starting court proceedings and obtaining a court order. The court may permit the Tenant to keep this Agreement if the Tenant puts right any breach of it.)